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Florida Statute 733.604 | Lawyer Caselaw & Research

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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.604

733.604 Inventories and accountings; public records exemptions.—

(1)(a) Unless an inventory has been previously filed, a personal representative shall file a verified inventory of property of the estate, listing it with reasonable detail and including for each listed item its estimated fair market value at the date of the decedent’s death.

(b)1. Any inventory of an estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with the administration of an estate is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

2. Any inventory of an elective estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with an election made in accordance with part II of chapter 732 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

3. Any accounting, whether interim, final, amended, or supplementary, filed with the clerk of court in an estate proceeding is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

4. Any inventory or accounting made confidential and exempt by subparagraph 1., subparagraph 2., or subparagraph 3. shall be disclosed by the custodian for inspection or copying:

a. To the personal representative;

b. To the personal representative’s attorney;

c. To an interested person as defined in s. 731.201; or

d. By court order upon a showing of good cause.

5. These exemptions apply to any inventory or accounting filed before, on, or after July 1, 2009.

(2) If the personal representative learns of any property not included in the original inventory, or learns that the estimated value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative shall file a verified amended or supplementary inventory showing any new items and their estimated value at the date of the decedent’s death, or the revised estimated value or description.

(3) Upon written request to the personal representative, a beneficiary shall be furnished a written explanation of how the inventory value for an asset was determined, or, if an appraisal was obtained, a copy of the appraisal, as follows:

(a) To a residuary beneficiary or heir in an intestate estate, regarding all inventoried assets.

(b) To any other beneficiary, regarding all assets distributed or proposed to be distributed to that beneficiary.

The personal representative must notify each beneficiary of that beneficiary’s rights under this subsection. Neither a request nor the failure to request information under this subsection affects any rights of a beneficiary in subsequent proceedings concerning any accounting of the personal representative or the propriety of any action of the personal representative.

History.—s. 1, ch. 74-106; s. 76, ch. 75-220; s. 1, ch. 80-127; s. 4, ch. 84-106; s. 1, ch. 85-72; s. 29, ch. 85-342; s. 68, ch. 87-226; s. 28, ch. 95-401; s. 1003, ch. 97-102; s. 13, ch. 97-240; s. 127, ch. 2001-226; s. 1, ch. 2009-230; s. 1, ch. 2014-82.

Note.—Created from former s. 733.03.

F.S. 733.604 on Google Scholar

F.S. 733.604 on Casetext

Amendments to 733.604

Arrestable Offenses / Crimes under Fla. Stat. 733.604

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.604.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

In re Amendments To Fla. Prob. Rules-2021 Fast-Track Report
334 So. 3d 562 (Fla. 2021)
Interested persons are entitled to reasonable information about estate proceedings on proper request, including a copy of the inventory, an opportunity to examine appraisals, and other information pertinent to their interests in the estate. The rights of beneficiaries to information contained in estate inventories is limited by section 733.604(3), Florida Statutes. Inventories of the elective estate under subdivision (f) affects a broader class of interested persons who may obtain information regarding the assets disclosed therein subject to control by the court and the confidentiality afforded such inventories under section 733.604(1) and (2).
PAGE 569
In re Amendments to the Fla. Rules of Civil Procedure
344 So. 3d 940 (Fla. 2021)
Motion to dismiss
5 more...
Interested persons are entitled to reasonable information about estate proceedings on proper request, including a copy of the inventory, an opportunity to examine appraisals, and other information pertinent to their interests in the estate. The rights of beneficiaries to information contained in estate inventories is limited by section 733.604(3), Florida Statutes. Inventories of the elective estate under subdivision (f) affects a broader class of interested persons who may obtain information regarding the assets disclosed therein subject to control by the court and the confidentiality afforded such inventories under section 733.604(1) and (2).
PAGE 995
In re Amendments to Fla. Prob. Rules—2019 Regular-Cycle Report
287 So. 3d 492 (Fla. 2019)
The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida's elective share statutes , . §§ Sections 732.201et seq., Fl orid a . Stat utes. Proceedings to determine entitlement to elective share are not specific adversary proceedings under rule 5.025(a), but may be declared adversary at the option of the party. Proceedings to determine the amount of elective share and contribution are specific adversary proceedings under rule 5.025(a). Requirements for service are intended to be consistent with the requirements for formal notice. Rule 5.040. Service of process may be required to obtain personal jurisdiction over direct recipients who are not otherwise interested persons and who have not voluntarily submitted themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C); ch . apter 48, Fl orid a . Stat utes . , Process and Service of Process; ch . apter 49, Fl orid a . Stat utes . , Constructive Service of Process. An inventory of the elective estate should be afforded the same confidentiality as other estate inventories. § Section 733.604( 1) and (2), Fl orid a . Stat utes. In fulfilling his or…
In re Amendments to Fla. Prob. Rules - 2019 Regular-Cycle Report
No. SC19-164 (Fla. Nov. 14, 2019)
The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida's elective share statutes , . §§ Sections 732.201 et seq., Florida . Statutes. Proceedings to determine entitlement to elective share are not specific adversary proceedings under rule 5.025(a), but may be declared adversary at the option of the party. Proceedings to determine the amount of elective share and contribution are specific adversary proceedings under rule 5.025(a). Requirements for service are intended to be consistent with the requirements for formal notice. Rule 5.040. Service of process may be required to obtain personal jurisdiction over direct recipients who are not otherwise interested persons and who have not voluntarily submitted themselves to the jurisdiction of the court. Rule 5.040(a)(3)(C); ch . apter 48, Florida . Statutes . , Process and Service of Process; ch . apter 49, Florida . Statutes ., Constructive Service of Process. An inventory of the elective estate should be afforded the same confidentiality as other estate inventories. § Section 733.604( 1) and (2), Florida . Statutes. In fulfilling his or her…
Richard v. Richard
193 So. 3d 964 (Fla. Dist. Ct. App. 2016) Cited 3 times
Motion for summary judgment
By way of example, section 733.604 imposes a duty upon a personal representative to “file a verified inventory of property of the estate.” Under Karen's dichotomous construction, if the personal representative, prior to appointment, files the verified inventory, the subsequent order of appointment would not relate back and validate that act because it is considered a “duty” rather than a “power.”
PAGE 970
Ciungu v. Bulea (In re Estate of Ciungu)
162 So. 3d 290 (Fla. Dist. Ct. App. 2015) Cited 2 times 1 Legal Analyses
Finally, we find no error by the probate court in including the Bimini Plaza and Shadow Bay Drive properties in the Estate. We see nothing in the Florida Probate Code or the Probate Rules, or in case law, precluding the addition of property to the inventory of an estate that, as here, remains open. Rather, the code and rules contemplate amended and supplemental inventories. See§ 733.604(2), Fla. Stat. (2003); Fla. Prob. R. 5.340(c). They also contemplate subsequent administration after an estate has been closed. See§ 733.903, Fla. Stat. (2003); Fla. Prob. R. 5.460(a) ( “If, after an estate is closed, additional property of the decedent is discovered ... any interested person may file a petition for further administration of the estate.”).
PAGE 295
In re Amendments to Fla. Rule of Judicial Admin. 2.420
156 So. 3d 499 (Fla. 2015)
(xi) Estate inventories and accountings. § 733.604(1), Fla. Stat.
PAGE 501
Cody v. Cody
127 So. 3d 753 (Fla. Dist. Ct. App. 2013) Cited 2 times
On September 7, 2011, two of the beneficiaries, Melvin Cody and David Cody, filed their objection to the petition for administration. § 732.212(3), Fla. Stat. Their objection did not challenge the validity of the will, the qualifications of the PR, the venue, or the jurisdiction of the court. Instead,the brothers complained that Buford Cody had been disposing estate assets prior to being appointed PR by the court and without proper accounting of the value of the assets and proceeds of the sales. See§ 733.604, Fla. Stat. (PR required to file verified inventories and accountings). No order addressing this objection is contained in the record.
PAGE 756
In re Amendments to Fla. Rule of Judicial Admin. 2.420
124 So. 3d 819 (Fla. 2013)
(xi) Estate inventories and accountings. § 733.604(1), Fla. Stat.
PAGE 827
In re Amendments to Florida Rule
68 So. 3d 228 (Fla. 2011) Cited 5 times
— Estate inventories and accountings. § 733.604(1), Fla. Stat.
PAGE 232
Cases from cite.case.law:
J. RICHARD C. v. J. RICHARD,, 193 So. 3d 964 (Fla. Dist. Ct. App. 2016)

. . . By way of example, section 733.604 imposes a duty upon a personal representative to “file a verified . . .
In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . § 733.604(1), Fla. Stat. . . .
CODY, v. CODY,, 127 So. 3d 753 (Fla. Dist. Ct. App. 2013)

. . . See § 733.604, Fla. Stat. (PR required to file verified inventories and accountings). . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . (xi) Estate inventories and account-ings: § 733.604(1), Fla. Stat. . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 733.604(1), Fla. . . .
In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 733.604(1), Fla. Stat. . . . General definitions. § 733.604, Fla. Stat. . . . Resignation of personal representative. § 733.604, Fla. Stat. . . . Devise of homestead. § 733.604, Fla. Stat. . . . Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 733.604(1), Fla. Stat. . . . Stat. _ Estate inventories and accountings. § 733.604(1), Fla. . . .
In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 733.604(1), Fla. Stat. Inventory. § 733.901, Fla. Stat. Final discharge. § 735.203, Fla. Stat. . . .
In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 733.604(1) and (2), Fla. Stat. . . . Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. . . .
L. VELDE, L. S. Jr. W. v. W. VELDE K., 867 So. 2d 501 (Fla. Dist. Ct. App. 2004)

. . . 732.214, Florida Statutes (1999), to determine elective share, or challenge the inventory under section 733.604 . . .
AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 733.604(21), Fla. Stat. Inventory. § 733.901, Fla. Stat. . . . Adjudication before issuance of letters. § 733.604(2), Fla. Stat. . . . Accounting upon removal. § 733.604,-Fla. Stat. Inventory. § 733.701, Fla. Stat. . . . Resignation of personal representative. § 733.604, Fla. Stat. . . . Devise of homestead. § 733.604, Fla. Stat. Inventory. Rule References Fla. Prob. . . .
AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 733.604(1) and (2), Fla. Stat. Inventories are still required to be filed. . . . Once filed, however, they are subject to the confidentiality provisions found in sections 733.604(1) . . . The rights of beneficiaries to information contained in estate inventories is limited by section 733.604 . . . Committee notes revised. 2002 Revision: Subdivision (e) amended to conform to section 733.604(3), Florida . . . Devise of homestead. § 733.604, Fla. Stat. Inventory. § 733.605, Fla. Stat. Appraisers-. . . .
AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . statutes, sections 732.201-732.2155, Florida Statutes (2000), and to the inventory statute, section 733.604 . . . The proposed amendment to rule 5.340 reflects the changes to section 733.604, Florida Statutes (2000) . . . Once filed, however, they are subject to the confidentiality provisions found in sections 733.604(1) . . . Devise of homestead. § 733.604, Fla. Stat. Inventory. § 733.605, Fla. Stat. Appraisers. . . . Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. . . .
AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 733.604(2), Fla. Stat. Inventory. § 733.705(2), (3), Fla. Stat. . . .
AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 733.604(2), Fla.Stat. Inventory. § 733.705(2), (3), Fla.Stat. . . .
In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Petition. 733.604(2), Fla.Stat. Inventory. § 733.901, Fla.Stat. . . . Adjudication before issuance of letters. ⅛⅜⅛ 733.604(2), Fla.Stat. . . . Accounting upon removal. 1⅜£⅛ 733.604, Fla.Stat. Inventory. ⅞⅛⅛ 733.701, Fla.Stat. . . . Resignation of personal representative. § 733.604, Fla.Stat. . . . Devise of homestead. 733.604, Fla.Stat. Inventory. 733.605, Fla.Stat. Appraisers. . . .
PAREDES, v. B. McLUCAS,, 561 So. 2d 439 (Fla. Dist. Ct. App. 1990)

. . . Section 733.604, which requires the filing of an inventory, does not provide for the exclusion of exempt . . .
THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 733.604(2) Inventory. F.S. 735.103 Petition for family administration. . . . F.S. 733.604(2) Inventory. Rule References FPR 5.020 Pleadings; verification; motions. . . . F.S. 733.604 Inventory. F.S. 733.701 Notifying creditors. . . . Once filed, however, they are subject to the confidentiality provisions found in F.S. 733.604(1) and . . . F.S. 733.604 Inventory. F.S. 733.605 Appraisers. Art. X, § 4, Fla. Const. . . .
THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 733.604(2) Inventory. F.S. 735.103 Petition for family administration. . . . F.S. 733.604(2) Inventory. Rule References FPR 5.020 Pleadings; verification; motions. . . . F.S. 733.604 Inventory. F.S. 733.701 Notifying creditors. . . . Once filed, however, they are subject to the confidentiality provisions found in F.S. 733.604(1) and . . . F.S. 733.604 Inventory. F.S. 733.605 Appraisers. Art. X, § 4, Fla. Const. . . .
THE FLORIDA BAR RE EMERGENCY AMENDMENTS TO FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 460 So. 2d 906 (Fla. 1984)

. . . Once filed, however, they are subject to the confidentiality provisions found in subsection 733.604(4 . . .
THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 733.604 Inventory. F.S. 733.605 Appraisers. F.S. 733.606 Supplementary inventory. Art. . . .
THE FLORIDA BAR. In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 387 So. 2d 949 (Fla. 1980)

. . . Statutory References: As to: (a) First sentence tracks FPC 733.604(1). . . . (c) Tracks FPC 733.604(2) except to provide time requirement and provide for request “in writing.” . . .
THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Statutory References: As to: (1) FPC 733.604 (Inventory). (2) FPC 733.901 (Accounting). (3) FPC 733.613 . . . (c) Tracks FPC 733.604(2) except to provide time requirement and provide for request “in writing.” . . .
In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . STATUTORY REFERENCES: As to: (1) FPC 733.604 (Inventory) (2) FPC 733.901 (Accounting) (3) FPC 733.613 . . . STATUTORY REFERENCE: As to : (a) First sentence tracks FPC 733.604(1). . . . (c) Tracks FPC 733.604(2) except to provide time requirement and provide for request “in writing.” . . .